The law, which is part of a larger overhaul of the Persons and Family Code, also includes stricter regulations regarding nationality and the status of stateless persons.
The resolution was overwhelmingly adopted by the unelected 71-member transitional parliament on Monday and now awaits junta leader Ibrahim Traoré’s signature, as reported by Reuters.
“The law provides for a prison sentence ranging from two to five years and a fine,” Justice Minister Edasso Rodrigue Bayala said on state television on Monday night.
“A person who (engages in) homosexual practices … will appear before a judge and, in the event of a repeat offence, be deported if you are not a Burkinabe national,” he said.
It places Burkina Faso in a wave of African countries enacting further limitations on LGBTQ+ rights, despite global concerns about human rights and economic consequences.
Burkina Faso’s decision is consistent with a trend in other regions of Africa where conservative politics and cultural views meet with legislation.
The plan aims to increase the penalty for same-sex acts to five years in jail and prohibit the promotion of LGBTQ+ organizations.
Uganda’s Anti-Homosexuality Act (AHA), enacted in May 2023, is one of the strictest in the world, imposing life imprisonment for same-sex partnerships and even the death sentence for aggravated homosexuality.
Western nations and human rights organizations have condemned the bill.
Beyond moral sentiments, the financial implications have been high: a 2024 Open for Business assessment projected that Uganda’s economy is losing $586 million to $2.4 billion each year, with negative effects on tourism, commerce, and international aid.
Since assuming power in a 2022 coup, Burkina Faso’s military authorities have imposed their ideals and formed new partnerships as the nation struggles with Islamist insurgencies.
Burkina Faso’s current administration has portrayed the proposal as a modernization of family law and nationality regulations, but rights campaigners are expected to highlight its serious consequences for LGBTQ+ persons and the limitation of legal safeguards in nationality disputes.
